Noises in complexes give residents a headache

JOHANNESBURG SOUTH – The question of what constitutes unacceptable behaviour in a multi-tenanted sectional title complex has once again come under the spotlight.

Schalk van der Merwe, from the Rawson Property Group, was asked to comment on a ruling by a body corporate in his area, centering around a certain resident who was prevented from pursuing his hobby, carpentry, except in a very small window period on Saturday mornings. The other residents apparently objected to his activities because, although he has been working in a ground floor garage, his power tools have disturbed the peace.

Van der Merwe said that the Sectional Title Act stipulates that “an owner must ensure that his usage of common property does not interfere unreasonably with the interests or enjoyment of other persons lawfully occupying the premises, therefore, though it may appear to some, the man causing the noise is breaking the law by detracting from their enjoyment of the property”. The ruling of the body corporate was, therefore, not unfair.

According to van der Merwe, in any multi-tenanted complex, the advantages of increased security, the possibility of enjoying a communal life and the lower purchase cost are balanced by certain behavioural restrictions and these, although seldom a burden, are absolutely essential to keeping the peace among and promoting the enjoyment of the residents.

‘‘Usually the complaints about other residents involve overcrowding, often only temporary, or noisy behaviour, especially late at night. It is sad that such an innocent activity such as carpentry should be curtailed, but we have to acknowledge that power tools these days can be very noisy and disruptive,” said van der Merwe,

For further information contact the Rawson Property Group’s Somerset West on 021 851 2656. Send your opinion or experience to the Southern COURIER to jamesm@caxton.co.za